United States Court of Federal Claims, 2026

Strouse v. Secretary of Health and Human Services

United States Court of Federal Claims · Decided September 1, 2026 · Brian H. Corcoran

Opinion

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

Case No. 19-793V ********************* JAMES G. STROUSE, *

* Chief Special Master Corcoran Petitioner, *

v. * Filed: August 5, 2026

SECRETARY OF HEALTH * AND HUMAN SERVICES, *

Respondent. *

********************* Nancy R. Meyers, Turning Point Litigation, Greensboro, NC, for Petitioner. James V. Lopez, U.S. Dept. of Justice, Washington, D.C., for Respondent.

DECISION AWARDING DAMAGES1

On May 30, 2019, James G. Strouse filed a petition seeking compensation under the National Vaccine Injury Compensation Program (“Vaccine Program”).2 Petitioner alleged that he suffered from Guillain-Barre Syndrome (“GBS”) as a result of the hepatitis B vaccine administered to him on August 9, 2018. Petition (ECF No. 1). A Ruling on Entitlement was issued on February 20, 2026, finding Petitioner was entitled to compensation. Ruling on Entitlement (ECF No. 66).

On August 5, 2026, Respondent filed a Proffer on Award of Compensation (“Proffer”). ECF No. 74. The Proffer provides that Petitioner should be awarded $155,000.00 in pain and suffering. Proffer at 1. In the Proffer, Respondent represents that Petitioner agrees with the proffer award. Id. at 1—2. Based on the record as a whole, I find that Petitioner is entitled to an award as stated in the Proffer.

Pursuant to the terms stated in the Proffer, I award Petitioner a lump sum payment of $155,000.00 (for pain and suffering) to be paid through an ACH deposit to Petitioner’s counsel’s IOLTA account for prompt disbursement to Petitioner. This amount represents compensation for all damages that would be available under Section 15(a).

The Clerk of the Court is directed to enter judgment in accordance with this decision.3 IT IS SO ORDERED.

/s/ Brian H. Corcoran Brian H. Corcoran Chief Special Master

IN THE UNITED STATES COURT OF FEDERAL CLAIMS

OFFICE OF SPECIAL MASTERS ___________________________________

) JAMES STROUSE, )

) Petitioner, )

) No. 19-793V

v. ) Chief Special Master Corcoran

) ECF

SECRETARY OF HEALTH AND ) HUMAN SERVICES, )

) Respondent. )

____________________________________)

RESPONDENT’S PROFFER OF DAMAGES

On May 30, 2019, James Strouse (“petitioner”) filed a petition for compensation under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to -34 (“Vaccine Act” or “Act”), as amended, alleging that he developed Guillain-Barre Syndrome (“GBS”) as a result of a hepatitis B vaccine administered to him on August 9, 2018. Petition at 1 (ECF No. 1). On May 19, 2022, the Secretary of Health and Human Services (“respondent”) filed his Rule 4(c) report setting forth his position that this case was not appropriate for compensation. ECF No. 39. On February 20, 2026, the Court issued a Ruling on Entitlement, finding that petitioner was entitled to vaccine compensation. ECF No. 66. 1 I. Items of Compensation

Based on the evidence of record, respondent proffers that petitioner should be awarded $155,000.00 in pain and suffering. See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees.

This amount represents all elements of compensation to which petitioner is entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees.

II. Form of the Award/Recommended Payment

The parties recommend that the compensation provided to petitioner should be made through one lump sum payment as described below and request that the Chief Special Master’s decision and the Court’s judgment award the following: 2

A lump sum payment of $155,000.00 to be paid through an ACH deposit to petitioner’s counsel’s IOLTA account for prompt disbursement to petitioner, James Strouse. Petitioner is a competent adult. Proof of guardianship is not required in this case.

Respectfully submitted, BRETT A. SHUMATE Assistant Attorney General JONATHAN D. GUYNN Acting Director Torts Branch, Civil Division HEATHER L. PEARLMAN Deputy Director Torts Branch, Civil Division JENNIFER L. REYNAUD Assistant Director Torts Branch, Civil Division

/s/ James V. Lopez JAMES V. LOPEZ Assistant Director Torts Branch, Civil Division U.S. Department of Justice P.O. Box 146 Benjamin Franklin Station Washington, D.C. 20044-0146 Phone: (202) 616-4310

August 5, 2026 Email: [email protected]

CERTIFICATE OF SERVICE

I certify that today, August 5, 2026, a copy of the foregoing was served by electronic mail to petitioner’s counsel of record.

/s/ James V. Lopez

1 Because this decision contains a reasoned explanation for my actions in this case, I will post it on the United States Court of Federal Claims website, in accordance with the E-Government Act of 2002, 44 U.S.C. § 3501 (2012). As provided by 42 U.S.C. § 300aa-12(d)(4)(B), however, the parties may object to the decision’s inclusion of certain kinds of confidential information. Specifically, under Vaccine Rule 18(b), each party has fourteen days within which to request redaction “of any information furnished by that party: (1) that is a trade secret or commercial or financial in substance and is privileged or confidential; or (2) that includes medical files or similar files, the disclosure of which would constitute a clearly unwarranted invasion of privacy.” Vaccine Rule 18(b). Otherwise, the whole decision will be available to the public. Id. 2 The Vaccine Program comprises Part 2 of the National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3758, codified as amended at 42 U.S.C. §§ 300aa-10 through 34 (2012) (“Vaccine Act” or “the Act”). Individual section references hereafter will be to § 300aa of the Act (but will omit that statutory prefix). 3 Pursuant to Vaccine Rule 11(a), the parties may expedite entry of judgment by each filing (either jointly or separately) a notice renouncing their right to seek review. 1 The parties have no objection to the amount of the proffered award of damages. However, respondent reserves his right, pursuant to 42 U.S.C. § 300aa-12(f), to seek review of the Court’s February 20, 2026 Ruling on Entitlement, finding petitioner entitled to an award under the Vaccine Act. This right accrues following the issuance of the damages decision. 2 Should petitioner die prior to entry of judgment, the parties reserve the right to move the Court for appropriate relief. In particular, respondent would oppose any award for future medical expenses, future lost earnings, and future pain and suffering.

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